NY State Senate Bill 2011-S7018

Senate Bill S7018

2011-2012 Legislative Session

Establishes a domestic violence fatality review team; adds members to the advisory council on domestic violence; repealer

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2012	reported and committed to finance
Apr 23, 2012	referred to social services

Votes

- May 22, 2012 - Social Services Committee Vote
  S7018
  
  5
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Social Services Committee Vote: May 22, 2012
      
      aye (5)
      
      Ball
      
      Farley
      
      Gallivan
      
      Martins
      
      Squadron
      
      excused (1)
      
      Huntley

co-Sponsors

2011-S7018 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §575, rpld subs 7, 9 & 10, Exec L

2011-S7018 (ACTIVE) - Summary

Establishes a domestic violence fatality review team; adds members to the advisory council on domestic violence.

2011-S7018 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7018

TITLE OF BILL:

An act to amend the executive law, in relation to establishing a domes-
tic violence fatality review team, adding members to the advisory coun-
cil, and repealing agency mandates that have been completed

PURPOSE OF BILL:

This bill would: (1) establish within the Office for the Prevention of
Domestic Violence ("OPDV") a domestic violence fatality review team to
work with local communities in examining the factors involved in domes-
tic violence homicides and suicides and to make recommendations to
prevent such fatalities; (2) expand the membership of the advisory coun-
cil on domestic violence related issues; (3) clarify the role of the
executive director on the advisory council; and (4) repeal language that
established project-specific initiatives that have been completed.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Executive Law § 575(4) to make techni-
cal changes in reference to membership on the advisory council.  It
would add two new members to the council and add the executive director
of OPDV to serve as the chair of the council.

Section 2 of the bill would repeal Executive Law § 575(7), which
requires OPDV to develop a model domestic violence policy for counties.

Section 3 of the bill would renumber subdivision 8 of Executive Law
575 as subdivision 7, delete the opening title and paragraphs (a) and
(b), which required OPDV to make a report and recommend a model domestic
violence policy for State agencies.

Section 4 of the bill would add a new subdivision 8 to Executive Law
§575 to create a domestic violence fatality review team within OPDV.

Sections 5 and 6 of the bill would repeal Executive Law § 575(9) and
(10), which required OPDV to develop a model domestic violence employee
awareness and assistance policy for businesses and to study and issue a
report on the advisability and feasibility of creating an address confi-
dentiality program for victims of domestic violence.

Section 7 of the bill provides the effective date.

EXISTING LAW:

Currently, each county is required to have a child fatality review team.
The proposed domestic violence fatality review team could not examine
cases that are under review, or have been reviewed, by a county child

fatality review team. New York City has a local law mandating aggregate
city-wide domestic violence fatality reviews.

PRIOR LEGISLATIVE HISTORY:

This is a new bill. OPDV proposed a different domestic violence fatality
review bill for the 2010 legislative session that was not introduced in
either house.

STATEMENT IN SUPPORT:

The primary purpose of a fatality review is to bring together domestic
violence-related professionals in a community to review domestic
violence homicides and suicides, in an effort to understand more fully
the factors involved and the sequence of events in a case, with the goal
of identifying gaps in response or service delivery and determining how
the system can be improved, in order to help prevent future deaths.

According to 2010 data analyzed by the NYS Division of Criminal Justice
Services:

o 73 intimate partner homicides were reported in 2010, with 34 reported
in New York City and 39 in the rest of the state;

o females were the victims in 85% of the intimate partner homicides in
New York State (62 of 73); and

o 44% of adult female homicide victims were killed by an intimate part-
ner, compared to 1.7% of adult male homicide victims.

Unfortunately, both 2010 and 2011 saw high profile homicides that took
the lives of domestic violence victims and their young children.  These
tragedies are behind the alarming statistics that suggest the need for
communities to examine what is happening with domestic violence cases
and to explore what may be done to help prevent future deaths.

According to Neil Websdale, Ph.D., Director of the National Domestic
Violence Fatality Review Initiative:

Comprehensive fatality review allows us to make sense of the death(s) by
recreating the experiences of the victims, perpetrators and other
parties involved in the case, exploring the compromises and challenges
parties faced in accessing services, making decisions and exploring
strategies. The review prioritizes the experiences of victims, giving us
new ways of improving services, plugging gaps, increasing communications
between those agencies typically involved and increasing the links
between services and community members.... Teams note the warning signs
that might have suggested the case was moving toward a lethal
outcome.... Finally, teams suggest a number of recommendations based on
the outcomes of their review(s), the goal being to make realistic recom-
mendations that can be effectively implemented and that contribute to
more effective coordinated community responses to domestic violence.(1)

New York State first examined the issue of domestic violence fatality
review in 1996 when the NYS Commission on Domestic Violence Fatalities
was established. The commission investigated 57 homicides and held
public hearings across the State on the issue of domestic violence
fatalities and the question of how to respond to them. In its report,
released in October, 1997, it recommended, among other things, that
"(c)ommunities can review fatalities at the local level, where familiar-
ity with the services and responses in domestic violence cases is great-
est.(2) Many of the commission's recommendations have been implemented,
but a limited number of communities have conducted fatality reviews.

In 2006, the Division of Criminal Justice Services ('DCJS") conducted a
survey to determine the level of activity and structure of local reviews
of serious incidents/fatalities related to domestic violence.(3) The
survey was distributed to district attorneys, police departments and
domestic violence service providers. Based on 207 responses, represent-
ing all 62 counties, DCJS found that approximately one-third of counties
have or had a review and 26% (16) were conducting reviews in 2006. The
survey allowed local communities to use their own definition of a fatal-
ity review, so the depth and extent of these inquiries varied:  Law
enforcement professionals and domestic violence service providers that
were currently conducting reviews reported that the reviews had
"substantial value for their community." The surveys also indicated that
"the large majority of counties without reviews... have one or more
domestic violence-related professionals who have expressed their desire
to bring review initiatives to their community."

This legislation provides for a domestic violence fatality review team
to be established by OPDV, in consultation with the advisory council, to
work with local communities in conducting a few fatality reviews each
year. In these fiscal times with limited local resources, the model
proposed - a State and local partnership - would require the state team
members to undertake most of the preparation work, and allow maximum
contribution to a review, with minimal preparation and no reporting
requirements, at the local level. Both the State and local jurisdictions
may be able to receive funding through the National Domestic Violence
Fatality Review Initiative, which is funded by the U.S. Department of
Justice to assist States and communities with domestic violence fatality
reviews.

The details of the reviews and identifying information would remain
confidential, but OPDV would be required to report periodically to the
Governor and the Legislature aggregate data and recommendations that
result from the reviews. This structure would allow local communities to
benefit from the review while providing important information to assist
the State in identifying broader systemic challenges.

By providing civil and criminal immunity to team members, the proposal
affords protections for teams to explore fully all aspects of a fatali-
ty. When implemented well, reviews can determine what has worked and
what needs improvement in responding to domestic violence, with the

ultimate goal of increasing the safety of domestic violence victims,
their families and communities.

In addition to establishing a domestic violence fatality review team,
this proposal makes several changes to OPDV's enabling legislation.  Two
core partners in working on domestic violence and sexual assault issues
and services, the NYS Coalition Against Domestic Violence and the NYS
Coalition Against Sexual Assault, are added to the advisory council. The
OPDV Executive Director is added to the advisory council, as chair, to
streamline the Director's legislatively-established role as primary
advisor to the Governor on domestic violence, and to facilitate effec-
tive communication with advisory council members.

BUDGET IMPLICATIONS:

OPDV anticipates being able to implement this initiative with its exist-
ing resources.  With the assistance of the advisory council, it is
anticipated that members of the review team can be selected to partic-
ipate without undue hardship to their agencies or organizations. Local
agencies would be involved in only one review, requiring an agency
representative to participate in a one or two day review meeting. It is
anticipated that relevant agencies, organizations and service providers
could attend without hardship and would benefit greatly from partic-
ipation in the review, as would their communities.

EFFECTIVE DATE:

This bill would take effect 180 days after it becomes a law.

FOOTNOTES

(1) OPDV Bulletin, Fall, 2009
(2) Report to the Governor, Commission on
Domestic Violence Fatalities, October, 1997.
(3) Domestic Violence: Research In Review/"Domestic Violence Serious
Incident/Fatality Reviews in New York State" by Deborah
Chard-Wierschem and Melissa Mackey, NYS Division of Criminal Justice
Services, October 2006.

2011-S7018 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7018

                            I N  S E N A T E

                             April 23, 2012
                               ___________

Introduced  by  Sens.  SALAND,  SAVINO  -- (at request of the Office for
  Prevention of Domestic Violence) -- read twice  and  ordered  printed,
  and when printed to be committed to the Committee on Social Services

AN  ACT to amend the executive law, in relation to establishing a domes-
  tic violence fatality review team,  adding  members  to  the  advisory
  council, and repealing agency mandates that have been completed

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 575 of the executive law, as added
by chapter 463 of the laws of 1992, paragraph (b) as amended by  section
99  of subpart B of part C of chapter 62 of the laws of 2011, paragraphs
(c), (d), and (e) as amended by chapter 396 of  the  laws  of  1994,  is
amended to read as follows:
  4.  Advisory council. (a) An advisory council is hereby established to
make recommendations on domestic violence related issues  and  effective
strategies  for  the  prevention  of domestic violence, to assist in the
development of appropriate policies and priorities for effective  inter-
vention,  public  education  and  advocacy, and to facilitate and assure
communication and coordination  of  efforts  among  state  agencies  and
between  different  levels of government, state, federal, and municipal,
for the prevention of domestic violence.
  (b) The advisory council shall consist of nine members and  [thirteen]
FIFTEEN  ex-officio members. Each member shall be appointed to serve for
a term of three years and shall continue in  office  until  a  successor
appointed  member is made. A member appointed to fill a vacancy shall be
appointed for the unexpired term of the member he or she is to  succeed.
All  of  the  members shall be individuals with expertise in the area of
domestic violence. Three members shall be appointed by the governor, two
members shall be appointed upon  the  recommendation  of  the  temporary
president  of the senate, two members shall be appointed upon the recom-
mendation of the speaker of the assembly, one member shall be  appointed
upon  the  recommendation  of the minority leader of the senate, and one
member shall be appointed upon the recommendation of the minority leader
of the assembly. The ex-officio members  of  the  advisory  board  shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14470-01-2

S. 7018                             2

consist  of  [one representative from the staff of each of the following
state departments and divisions:]  THE DIRECTOR OF THE OFFICE, WHO SHALL
CHAIR THE COUNCIL, AND THE FOLLOWING MEMBERS  OR  THEIR  DESIGNEES:  THE
COMMISSIONER  OF  THE  office  of  temporary  and  disability [services]
ASSISTANCE; THE COMMISSIONER OF THE department of  health;  THE  COMMIS-
SIONER  OF  THE  education department; THE COMMISSIONER OF THE office of
mental  health;  THE  COMMISSIONER  OF  THE  office  of  alcoholism  and
substance  abuse  services; THE COMMISSIONER OF THE division of criminal
justice services; THE DIRECTOR OF THE office of  probation  and  correc-
tional  alternatives;  THE  COMMISSIONER  OF  THE office of children and
family services; THE DIRECTOR OF THE  office  of  victim  services;  THE
CHIEF  ADMINISTRATIVE  JUDGE  OF THE office of court administration; THE
COMMISSIONER OF THE department of  labor;  THE  DIRECTOR  OF  THE  state
office  for  the  aging;  [and]  THE  COMMISSIONER  OF THE department of
corrections and community supervision; THE CHIEF  EXECUTIVE  OFFICER  OF
THE  NEW  YORK STATE COALITION AGAINST DOMESTIC VIOLENCE; AND THE EXECU-
TIVE DIRECTOR OF THE NEW YORK STATE COALITION AGAINST SEXUAL ASSAULT.
  (c) [The governor shall appoint a member  as  chair  of  the  advisory
council to serve at the pleasure of the governor.
  (d)]  The  advisory council shall meet as often as deemed necessary by
the chair [or executive director] but in no event less  than  two  times
per year.
  [(e)]  (D) The members of the advisory council shall receive no salary
or other compensation for  their  services  but  shall  be  entitled  to
reimbursement for actual and necessary expenses incurred in the perform-
ance  of  their  duties  within  amounts made available by appropriation
therefor subject to the approval of the  director  of  the  budget.  The
ex-officio  members  of the advisory council shall receive no additional
compensation for their services on the advisory council above the salary
they receive from the respective departments or  divisions  that  employ
them.
  S 2. Subdivision 7 of section 575 of the executive law is REPEALED.
  S  3.  Subdivision  8 of section 575 of the executive law, as added by
chapter 396 of the laws of 1994, is renumbered subdivision 7 and amended
to read as follows:
  7. [State domestic violence policy. (a) The office shall survey  every
state  agency to determine any activities, programs, rules, regulations,
guidelines or statutory requirements that  have  a  direct  or  indirect
bearing  on  the  state's  efforts and abilities to address the issue of
domestic violence including,  but  not  limited  to,  the  provision  of
services  to  victims and their families. Within two years of the effec-
tive date of this subdivision, the office shall compile such information
and provide a report, with appropriate comments and recommendations,  to
the  governor and the legislature. For the purposes of this subdivision,
"state agency" shall have the same meaning as such term  is  defined  in
section two-a of the state finance law.
  (b)  Within  three years of the effective date of this subdivision the
office shall recommend a state domestic violence policy consistent  with
statute  and  best  practice,  policies, procedures and protocols to the
governor and the legislature. The purpose of such model policy shall  be
to  provide  consistency  and coordination by and between state agencies
and departments to address the issue of domestic violence. In developing
such model policy, the office shall consult with  a  statewide  advocacy
organization  for  the prevention of domestic violence, and shall assure
that the advisory council reviews all data and recommendations and shall
not submit such model policy until approved  by  the  advisory  council.

S. 7018                             3

Such  recommendations shall be provided exclusive of any study or report
the office is required to undertake pursuant to a chapter of the laws of
nineteen hundred ninety-four, entitled "the family protection and domes-
tic violence intervention act of 1994".
  (c)]  No  state  agency  shall promulgate a rule pursuant to the state
administrative procedure act, or adopt a guideline or  other  procedure,
including  a request for proposals, directly or indirectly affecting the
provision of services to victims of domestic violence, or the  provision
of   services   by  residential  or  non-residential  domestic  violence
programs, as such terms are defined in section four hundred fifty-nine-a
of the social services law, or establish a  grant  program  directly  or
indirectly  affecting  such victims of domestic violence or providers of
service, without first consulting the office, which  shall  provide  all
comments  in response to such rules, guidelines or procedures in writing
directly to the chief executive officer of such agency, to the  adminis-
trative  regulations  review committee and to the appropriate committees
of the legislature having jurisdiction of the subject  matter  addressed
within two weeks of receipt thereof, provided that failure of the office
to  respond as required herein shall not otherwise impair the ability of
such state agency to promulgate a rule. This paragraph shall  not  apply
to  an  appropriation  which  finances  a contract with a not-for-profit
organization which has been identified for a state  agency  without  the
use of a request for proposals.
  S  4.  Section  575  of  the  executive law is amended by adding a new
subdivision 8 to read as follows:
  8. FATALITY REVIEW TEAM. (A) THERE SHALL  BE  ESTABLISHED  WITHIN  THE
OFFICE  A FATALITY REVIEW TEAM FOR THE PURPOSE OF ANALYZING, IN CONJUNC-
TION WITH LOCAL REPRESENTATION, THE DOMESTIC VIOLENCE-RELATED  DEATH  OR
NEAR DEATH OF INDIVIDUALS, WITH THE GOAL OF:
  (I)  EXAMINING  THE  TRENDS  AND PATTERNS OF DOMESTIC VIOLENCE-RELATED
FATALITIES IN NEW YORK STATE;
  (II) EDUCATING THE PUBLIC, SERVICE PROVIDERS, AND  POLICYMAKERS  ABOUT
DOMESTIC   VIOLENCE  FATALITIES  AND  STRATEGIES  FOR  INTERVENTION  AND
PREVENTION; AND
  (III) RECOMMENDING POLICIES, PRACTICES, PROCEDURES,  AND  SERVICES  TO
REDUCE FATALITIES DUE TO DOMESTIC VIOLENCE.
  (B)  A  DOMESTIC  VIOLENCE-RELATED  DEATH OR NEAR DEATH SHALL MEAN ANY
DEATH OR NEAR DEATH CAUSED BY A FAMILY OR HOUSEHOLD MEMBER AS DEFINED IN
SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT OR  SECTION  530.11
OF  THE  CRIMINAL PROCEDURE LAW, EXCEPT THAT THERE SHALL BE NO REVIEW OF
THE DEATH OF A CHILD FOR THOSE CASES IN WHICH THE OFFICE OF CHILDREN AND
FAMILY SERVICES IS REQUIRED TO ISSUE A  FATALITY  REPORT  IN  ACCORDANCE
WITH SUBDIVISION FIVE OF SECTION TWENTY OF THE SOCIAL SERVICES LAW.
  (C)  THE  TEAM SHALL REVIEW FATALITIES IN CASES THAT HAVE BEEN ADJUDI-
CATED AND HAVE RECEIVED A FINAL JUDGMENT AND THAT ARE NOT UNDER INVESTI-
GATION.
  (D) MEMBERS OF A DOMESTIC  VIOLENCE  FATALITY  REVIEW  TEAM  SHALL  BE
APPOINTED  BY  THE EXECUTIVE DIRECTOR, IN CONSULTATION WITH THE ADVISORY
COUNCIL, AND SHALL INCLUDE, BUT NOT BE LIMITED  TO,  ONE  REPRESENTATIVE
FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE OFFICE OF TEMPORARY
AND  DISABILITY  ASSISTANCE,  THE DIVISION OF CRIMINAL JUSTICE SERVICES,
THE STATE POLICE, THE DEPARTMENT OF HEALTH, THE OFFICE OF COURT ADMINIS-
TRATION, THE OFFICE OF  PROBATION  AND  CORRECTIONAL  ALTERNATIVES,  THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AT LEAST ONE REPRE-
SENTATIVE  FROM  LOCAL  LAW ENFORCEMENT, A COUNTY PROSECUTOR'S OFFICE, A
LOCAL SOCIAL SERVICES DISTRICT, A MEMBER OF THE JUDICIARY, AND A  DOMES-

S. 7018                             4

TIC  VIOLENCE  SERVICES  PROGRAM  APPROVED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES. A DOMESTIC  VIOLENCE  FATALITY  REVIEW  TEAM  MAY  ALSO
INCLUDE  REPRESENTATIVES  FROM  SEXUAL ASSAULT SERVICES PROGRAMS, PUBLIC
HEALTH,  MENTAL  HEALTH AND SUBSTANCE ABUSE AGENCIES, HOSPITALS, CLERGY,
LOCAL SCHOOL DISTRICTS, LOCAL DIVISIONS OF PROBATION, LOCAL  OFFICES  OF
THE  DIVISION  OF PAROLE, THE OFFICE OF THE MEDICAL EXAMINER OR CORONER,
ANY LOCAL DOMESTIC VIOLENCE TASK FORCE, COORDINATING  COUNCIL  OR  OTHER
INTERAGENCY  ENTITY THAT MEETS REGULARLY TO SUPPORT A COORDINATED COMMU-
NITY RESPONSE TO DOMESTIC VIOLENCE,  ANY  OTHER  PROGRAM  THAT  PROVIDES
SERVICES  TO DOMESTIC VIOLENCE VICTIMS, OR ANY OTHER PERSON NECESSARY TO
THE WORK OF THE TEAM, INCLUDING SURVIVORS OF DOMESTIC VIOLENCE.
  (E) THE TEAM SHALL IDENTIFY POTENTIAL CASES  AND  SHALL  SELECT  WHICH
FATALITIES  WILL  BE REVIEWED EACH YEAR. LOCALITIES MAY REQUEST THAT THE
TEAM CONDUCT A REVIEW OF A PARTICULAR FATALITY.
  (F) THE TEAM SHALL WORK WITH OFFICIALS AND  ORGANIZATIONS  WITHIN  THE
COMMUNITY WHERE THE FATALITY OCCURRED TO CONDUCT EACH REVIEW.
  (G)  TEAM MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT ARE ENTITLED TO
BE REIMBURSED FOR TRAVEL EXPENSES TO THE  LOCALITIES  WHERE  A  FATALITY
REVIEW WILL BE CONDUCTED AND MEMBERS WHO ARE FULL-TIME SALARIED OFFICERS
OR  EMPLOYEES  OF THE STATE OR OF ANY POLITICAL SUBDIVISION OF THE STATE
ARE ENTITLED TO THEIR REGULAR COMPENSATION.
  (H) TO THE EXTENT CONSISTENT WITH FEDERAL LAW, UPON REQUEST  THE  TEAM
SHALL  BE PROVIDED CLIENT-IDENTIFIABLE INFORMATION AND RECORDS NECESSARY
FOR THE INVESTIGATION OF A DOMESTIC VIOLENCE-RELATED DEATH OR NEAR DEATH
INCIDENT, INCLUDING, BUT NOT LIMITED TO:
  (I) RECORDS MAINTAINED BY A LOCAL SOCIAL SERVICES DISTRICT;
  (II) LAW ENFORCEMENT RECORDS,  EXCEPT  WHERE  THE  PROVISION  OF  SUCH
RECORDS WOULD INTERFERE WITH AN ONGOING LAW ENFORCEMENT INVESTIGATION OR
IDENTIFY  A  CONFIDENTIAL SOURCE OR ENDANGER THE SAFETY OR WELFARE OF AN
INDIVIDUAL;
  (III) COURT RECORDS;
  (IV) PROBATION AND PAROLE RECORDS;
  (V) RECORDS FROM  DOMESTIC  VIOLENCE  RESIDENTIAL  OR  NON-RESIDENTIAL
PROGRAMS;
  (VI)  RECORDS FROM ANY RELEVANT SERVICE PROVIDER, PROGRAM OR ORGANIZA-
TION; AND
  (VII) ALL OTHER RELEVANT RECORDS IN THE POSSESSION OF STATE AND  LOCAL
OFFICIALS OR AGENCIES.
  (I)  ANY  INFORMATION OR RECORDS OTHERWISE CONFIDENTIAL AND PRIVILEGED
IN ACCORDANCE WITH STATE LAW WHICH ARE PROVIDED TO THE TEAM SHALL REMAIN
CONFIDENTIAL AS OTHERWISE PROVIDED BY LAW. ALL RECORDS  RECEIVED,  MEET-
INGS  CONDUCTED,  REPORTS  AND RECORDS MADE AND MAINTAINED AND ALL BOOKS
AND PAPERS OBTAINED BY THE TEAM SHALL BE CONFIDENTIAL AND SHALL  NOT  BE
OPEN  OR  MADE AVAILABLE, EXCEPT BY COURT ORDER OR AS SET FORTH IN PARA-
GRAPHS (K) AND (L) OF THIS SUBDIVISION.
  (J) ANY PERSON WHO RELEASES OR PERMITS THE RELEASE OF ANY  INFORMATION
PROTECTED UNDER PARAGRAPH (I) OF THIS SUBDIVISION TO PERSONS OR AGENCIES
NOT  AUTHORIZED TO RECEIVE SUCH INFORMATION SHALL BE GUILTY OF A CLASS A
MISDEMEANOR.
  (K) TEAM MEMBERS AND PERSONS WHO PRESENT INFORMATION TO THE TEAM SHALL
NOT BE COMPELLED TO DISCLOSE INFORMATION ABOUT THE REVIEW PROCESS OR ANY
DISCUSSION, DETERMINATION, CONCLUSION  OR  RECOMMENDATION  OF  THE  TEAM
THROUGH DISCOVERY OR TESTIMONY IN A CIVIL OR CRIMINAL PROCEEDING.  NOTH-
ING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A PERSON FROM TESTIFY-
ING  AS  TO  INFORMATION  WHICH IS OBTAINED INDEPENDENTLY OF THE TEAM OR
INFORMATION WHICH IS PUBLIC.

S. 7018                             5

  (L) TEAM MEMBERS ARE NOT LIABLE FOR DAMAGES OR  OTHER  RELIEF  IN  ANY
ACTION  BROUGHT  BY  REASON  OF  THE PERFORMANCE OF A DUTY, FUNCTION, OR
ACTIVITY OF THE TEAM.
  (M) CONSISTENT WITH ALL FEDERAL AND STATE CONFIDENTIALITY PROTECTIONS,
THE  TEAM  MAY  PROVIDE  RECOMMENDATIONS TO ANY INDIVIDUAL OR ENTITY FOR
APPROPRIATE ACTIONS  TO  IMPROVE  A  COMMUNITY'S  RESPONSE  TO  DOMESTIC
VIOLENCE.
  (N)  THE  TEAM  SHALL  PERIODICALLY  SUBMIT A CUMULATIVE REPORT TO THE
GOVERNOR AND THE LEGISLATURE INCORPORATING  THE  AGGREGATE  DATA  AND  A
SUMMARY  OF  THE GENERAL FINDINGS AND RECOMMENDATIONS RESULTING FROM THE
DOMESTIC VIOLENCE FATALITY REVIEWS COMPLETED PURSUANT TO  THIS  SUBDIVI-
SION.  THE  CUMULATIVE  REPORT  MAY  THEREAFTER BE MADE AVAILABLE TO THE
PUBLIC, CONSISTENT WITH FEDERAL AND STATE CONFIDENTIALITY PROTECTIONS.
  S 5. Subdivision 9 of section 575 of the executive law is REPEALED.
  S 6. Subdivision 10 of section 575 of the executive law is REPEALED.
  S 7. This act shall take effect on the one hundred eightieth day after
it shall have become law.

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Senate Bill S7018

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Stephen M. Saland